City Council

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Monday, January 10, 2022 5:30 PM Community Meeting Room City Council Chair: Erik Brechnitz Vice-Chair: Jared Grifoni City Council: Claire Babrowski, Rich Blonna, Greg Folley, Becky Irwin, Joe Rola City Manager: Mike McNees Assistant City Manager: Casey Lucius City Attorney: Alan L. Gabriel City Clerk: Laura Litzan City Council Meeting Minutes - Final January 10, 2022 1. Call to Order Chair Brechnitz called the meeting to order at 5:30 P.M. 2. Roll Call Present: 7- Councilor Blonna, Councilor Irwin, Councilor Brechnitz, Vice-Chair Folley, Councilor Rola, Councilor Babrowski and Chair Grifoni Also Present Michael McNees, City Manager Casey Lucius, Assistant City Manager Laura Litzan, City Clerk Alan L. Gabriel, City Attorney Tracy Frazzano, Police Chief Chris Byrne, Fire Chief Daniel J. Smith, Community Affairs Director Tim Pinter, Public Works Director Jose Duran, Information Technology Director Jeff Poteet, Water & Sewer General Manager Raul Perez, Chief Building Official Martin Luna, Video/Broadcast Technician Jim Kornas, Recording Specialist Citizens and Visitors 3. Invocation Offered by the Reverend Scott Kerens of the Marco Presbyterian Church. 4. Pledge of Allegiance Led by Chair Brechnitz. 5. Approval of the Agenda MOTION by Vice-Chair Grifoni, seconded by Councilor Blonna that the Agenda be Approved. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: 7- Councilor Blonna, Councilor Irwin, Councilor Brechnitz, Vice-Chair Folley, Councilor Rola, Councilor Babrowski and Chair Grifoni 6. Approval of the Minutes a. ID 21-1892 Approval of the Special-Called Meeting Minutes of December 6, 2021 MOTION by Councilor Folley, seconded by Councilor Irwin, that the Special-Called City Council Meeting Minutes of December 6, 2021 be Approved. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: 7- Councilor Blonna, Councilor Irwin, Councilor Brechnitz, Vice-Chair Folley, Councilor Rola, Councilor Babrowski and Chair Grifoni b. ID 21-1891 Approval of the City Council Meeting Minutes of December 6, 2021 City of Marco Island Florida Page 1 City Council Meeting Minutes - Final January 10, 2022 MOTION by Councilor Blonna, seconded by Councilor Folley, that the City Council Meeting Minutes of December 6, 2021 be Approved. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: 7- Councilor Blonna, Councilor Irwin, Councilor Brechnitz, Vice-Chair Folley, Councilor Rola, Councilor Babrowski and Chair Grifoni 7. Approval of Consent Agenda Councilor Rola requested that the Consent Agenda Item (Authorization for the City Manager to Issue a Purchase Order ...in the Amount of $392,000 ... for Water and Wastewater Engineering Services) be removed from the Consent Agenda. As a result, this item is now reflected in these Minutes under Topic #13: Items Removed From The Consent Agenda. 8. Proclamations and Presentations a. ID 21-2015 Employee Recognition of Herbert Burkart and Oscar Hernandez, and Employee of the Quarter City Manager McNees recognized and called forward Lt. Oscar Hernandez of the City's Fire Rescue Department to receive his appreciation of service recognition certificate and pin as presented by City Council Chairman Erik Brechnitz. He received a warm round of applause from all City Staff members and citizens present. (Editorial Note: Mr. Herbert Burkart was not present to receive recognition for his service to the City). Additionally, Mr. Martin Luna, Information Technology Department Audio/Video Technician, was recognized and honored by Chair Brechnitz, the Council, and the City Staff as Marco Island's "Employee of the Quarter" for the 4th quarter of 2021. b. ID 21-2017 Ten Thousand Trees in Ten Years - Councilor Becky Irwin Councilor Irwin narrated a brief introductory video to introduce the topic, and turned the presentation over to Mr. David Leaser, member of the City's Beautification Advisory Committee (BAC), to review the Committee's "10,000 Trees in Ten Years" proposal with the Council. Requesting endorsement from the Council empowering the BAC: 1) to assess the current state and density of the trees on the Island; 2) to outline the elements, goals and objectives of a Master Plan, and; 3) to identify the costs, direct and indirect impacts, and implementation considerations in executing this proposed initiative, Mr. Leaser shared data on the positive benefits of this effort while addressing the various questions raised by members of the Council. Public Comment Ms. Christine Dowell (Biscayne Way) communicated concerns gathered from her conversations with residents and landscape company owners on the Island, and she reminded the Council that any Federal or State agency money that might be obtained in support of this proposed initiative is "still taxpayer money". Mr. Steve Thanos (Copperfield Ct.) read from prepared remarks that raised potential concerns with the implementation of a large-scale tree-planting and maintenance effort. He indicated his belief that the City's roads, sidewalks and canals are more urgent concerns for City action. Ms. Ann Thanos (Copperfield Ct.) communicated her understanding of the importance and effectiveness of the swales in managing and filtering storm water, and she expressed her concern that drainage and waterway health could be negatively impacted by a City-wide tree planting initiative. City of Marco Island Florida Page 2 City Council Meeting Minutes - Final January 10, 2022 Mr. Howard Reed (Bald Eagle Dr.) conveyed limited, qualified support for the Committee's proposal. Citing his experience as a member of the City Council in wading through the many opinions and conjectures regarding the cause of declining water quality on the Island, he pointed to the need for a comprehensive, expert-led assessment of this concept before undertaking an ambitious program of this nature. He concluded by indicating that his support of this proposal is predicated upon the City's receipt of grants to fund such an initiative rather than through new or additional taxation on the citizens of Marco Island. At the conclusion of all inputs received, Chair Brechnitz conveyed the Council's consensus direction to the Beautification Advisory Committee requesting that the Committee proceed as proposed, while remaining diligent in investigating, assessing and capturing the costs and consequences of adopting a tree-planting program of this scale on the Island. 9. Citizens' Comments on Agenda Items Not Scheduled for Public Hearing and Items Other Than Those Appearing on the Agenda Mr. Ed Issler (S. Joy Circle) raised concern with the expansion of dockage and the size of vessels moored along the Marco River in their effect on tidal flushing of the Island's canals and waterways. Citing his water quality management observations and experiences in California during his career, he urged the Council to expand its perspective in addressing future Petitioner requests that seek to increase the size and intrusion of structures and vessels moored along the Marco River. Ms. Christine Dowell (Biscayne Way) offered her comments on an article in the December 30 - January 5, 2022 Coastal Breeze newspaper regarding the impact of tooled (rather than saw cut) sidewalk contraction joints for bicycle riders. Mr. Bill Cripbine (Stevens Landing) noted that he sees many bicycle riders using the street rather than the bike paths because of the rhythmic jarring that bicycle riders experience driving over tooled contraction joints. He urged the Council and the City Staff to review its approach for the soon-to-be-constructed section of pathway along San Marco Road, from the Marco Island Academy to Goodland Drive. Mr. Tom Vargo (Worthington St.) observed that the current pedestrian/bicycle path to Goodland is "horrible". As an engineer and an avid biking enthusiast, he asked the Council to seriously consider changing the planned construction approach to address the concerns raised. Mr. Peter Pareene (Tallwood St.), Vice-Chair of the Marco Island Bocce League Committee, shared a brief history of the communications between the Committee and the City over five years regarding the leveling issues experienced since the installation of a fourth bocce ball court at Mackle Park. He asked the City Council to intervene and resolve this issue once and for all. 10. Quasi-Judicial Public Hearing None. 11. Ordinances A. Public Hearing ID 21-2028 Ordinance - Second Reading - Request to Subdivide One Lot into Three Separate Tracts for San Marco Health (SUB-21-000176) Located at 40 South Heathwood Drive, Marco Island, FL 34145 City Clerk Laura Litzan read Ordinance 22-01 into the record by title only. City of Marco Island Florida Page 3 City Council Meeting Minutes - Final January 10, 2022 Community Affairs Director Daniel Smith briefly outlined the rationale for the requested subdivision of the lot into three separate tracts to accommodate the previously-approved Assisted Living Facility, new Urgent Care Center and City Park located at 40 South Heathwood Drive. Public Comment Mr. Ed Issler (S. Joy Circle) shared his interpretation of the 'unified control' provision as it applies to Planned Unit Developments (PUDs) when a property is divided into three, separate warranty deeded properties owned by unaffiliated ownership entities. He believes that subdividing the property as proposed is inconsistent with the spirit of 'unified control'. Mr. Howard Reed (Bald Eagle Dr.) expressed his concern that allowing this property subdivision to occur under the definition of a Planned Unit Development that is not owned and controlled by a single entity sets a dangerous precedent that will give rise to other PUD exception petitions in the future. MOTION by Councilor Blonna, seconded by Vice-Chair Grifoni, that Ordinance 22-01 - Second Reading - Request to Subdivide One Lot Into Three Separate Tracts for San Marco Health (Sub-21-000176) Located at 40 South Heathwood Drive, Marco Island, FL 34145, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Councilor Blonna, Councilor Irwin, Councilor Brechnitz, Vice-Chair Folley, Councilor Babrowski and Chair Grifoni No: 1- Councilor Rola B. First Readings None. 12. Resolutions & City Council Items ID 21-2037 Discussion - Building Permit Fee Study and Proposed Fee Schedule Updates City Manager McNees opened the discussion by outlining the status of the current fee structure relative to the associated costs of providing related services, and he noted that ten years have passed since the City's last revisions to the fee schedule. He introduced Chief Building Official Raul Perez and the consultant team from MGT Consulting Group (Brett Swendig, Senior Consultant and Lead Advisor, Mark Carpenter, Director and Project Manager, and Bruce Cowans, Technical Advisor, all of whom participated via telephone) to outline the objectives, methodology and findings of their analysis. The MGT Consulting Group team and Chief Building Official Perez addressed the many questions raised by members of the Council in the course of their presentation and discussion. Public Comment Mr. Ed Issler, (S. Joy Circle) indicated his belief that temporary 'surges' in building services demand should be addressed through temporary shared resource arrangements with neighboring municipalities rather than through permanent additions to Staff. He recommended that the consultant team expand its analytical approach to also assess the outputs of the Building Services Department relative to its overall annual operating budget expense. Chair Brechnitz, at the conclusion of the discussion, directed that the Study Team delve into greater depth City of Marco Island Florida Page 4 City Council Meeting Minutes - Final January 10, 2022 and detail in line with the concerns and questions raised by members of the Council and the public. (THE MEETING WENT INTO RECESS AT 6:55 P.M. IT IS NOTED FOR THE RECORD THAT ALL COUNCILORS WERE PRESENT WHEN THE MEETING RECONVENED AT 7:01 P.M.) 13. Items Removed from the Consent Agenda ID 21-2027 Authorize the City Manager to Issue a Purchase Order to Jacobs Engineering Group Inc. to Provide Design, Permitting, Bidding, and Limited Engineering Services During Construction for the Biologically Activated Filter Project Located at the Source Water Facility in the Amount of $392,000.00 under City of Marco Island Contract #2020-020 for Water and Wastewater Engineering Services At the request of Councilor Rola, Water & Sewer Department General Manager Jeff Poteet came forward to confirm the approval of this item in the 2022 fiscal year budget and to explain the benefits of undertaking this project. Mr. Joe Elarde, Principal Technologist with Jacobs Engineering Group, Inc. also provided detail on the nature and impact of the planned design direction and execution on water quality and the system maintenance requirements for Marco Island's Water & Sewer Department. MOTION by Vice-Chair Grifoni, seconded by Councilor Irwin, that the City Manager be Authorized to Issue a Purchase Oder to Jacobs Engineering Group, Inc. to Provide Design, Permitting, Bidding and Limited Engineering Services During Construction for the Biologically-Activated Filter Project Located at the Source Water Facility in the Amount of $392,000.00 Under City of Marco Island Contract #2020-020 for Water and Wastewater Engineering Services, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Blonna, Councilor Irwin, Councilor Brechnitz, Vice-Chair Folley, Councilor Rola, Councilor Babrowski and Chair Grifoni 14. Council Communications & Future Agenda Councilor Folley, in noting the earlier citizen concerns expressed about the bicycle path toward Goodland during Agenda Item 9 (Citizen Comments), asked Public Works Director Timothy Pinter to clarify the City's position and response plan. Mr. Pinter provided clarification on several points that were inadequately explained in the December 30 - January 5, 2022 Coastal Breeze newspaper article, and he indicated the actions that he and his Department intend to undertake. Council Folley sought clarification from Chair Brechnitz on the Council's direction to the City's Beautification Advisory Committee on the 'Ten Thousand Trees in Ten Years' presentation that was discussed under Agenda Item 8b. Chair Brechnitz thanked City Manager McNees and Assistant City Manager Casey Lucius for the progress reports that the Council is receiving on the City's major infrastructure and capital improvement projects (i.e. Veterans' Community Park, Fire Station 50 and the City Hall / City Hall Annex renovations) that are currently underway. He asked that monthly updates continue to be forwarded to members of the Council. City of Marco Island Florida Page 5 City Council Meeting Minutes - Final January 10, 2022 ID 21-1893 Future Agenda Items Councilor Babrowski questioned the continued need for the Future Agenda item "Water Filtering in the Canals" in light of the Environmental Research & Design, Inc. study results and the direction already provided to several City Committees on this topic. Councilor Babrowski also observed and confirmed that the Planning Board's responsibility to review and recommend changes to the Land Development Code and related City ordinances was not reflected in the most recent version of the Council's Future Agenda. Councilor Folley requested and received confirmation that the "Recommendations for Review of Ordinances" is still planned for discussion at the February 22nd meeting of the City Council. Chair Brechnitz advised the Council that a discussion of the City's North Water Utility will be brought forward for review at the January 24th Meeting of the City Council. 15. Council Reports ID 21-2025 Support for a Marco Island Short-Term Rental Housing Ordinance - Councilor Rich Blonna Councilor Blonna briefly summarized his rationale for requesting that the Council revisit the disposition of its October 18, 2021 discussion on the development of a vacation rental registration ordinance for Marco Island. Following considerable discussion regarding the rules for revisiting agenda topics that have recently come before the Council, Chair Brechnitz asked City Clerk Laura Litzan to provide the record of the Council's action on this topic to City Attorney Alan Gabriel for his review and issuance of a legal opinion for Council consideration. Public Comment Mr. Ed Issler (S. Joy Circle) communicated his concern with the safety of short-term vacation renters occupying homes that have inadequate occupant safety oversight, and he advised the Council that the City Clerk can expect to receive a formal Political Action Committee request for a referendum vote by the citizens of Marco Island. Mr. Howard Reed (Bald Eagle Dr.) expressed his belief that previous Council decisions regarding the regulation of short-term vacation rentals largely accrued to the benefit of those individuals and entities that benefit from tourism as opposed to the Island's residential homeowners. He recommended that the Council allow Collier County's recently-enacted registration requirement to "play out" for a period of time to allow data to be gathered and impacts to be analyzed before undertaking another review of a rental registration process. In the interim, he asked the Council to more fully understand and appreciate the concerns of the Island's homeowners whose lives are impacted by neighboring short-term residential vacation properties. Ms. Christine Dowell (Biscayne Way) enumerated a number of property owner needs and rental occupant concerns that are inadequately addressed by a rental registration ordinance. 16. City Manager's Report City Manager McNees reported on the current status of the City's employee workforce in light of the recent COVID Omicron variant and the CDC's guidelines to address it. He advised the Council of his intent to be very judicious in granting administrative leave to non-symptomatic, non-ill employees who are required to quarantine under CDC guidelines when they have been in contact with newly-identified co-workers who have tested positive for the virus. Chair Brechnitz requested that Mr. McNees provide tight control and City of Marco Island Florida Page 6 City Council Meeting Minutes - Final January 10, 2022 reporting to the Council on his administrative leave approvals. 17. City Attorney's Report None. 18. Departmental Reports ID 21-1894 Monthly Departmental Reports Councilors Folley and Irwin requested a brief clarification on the noise complaint data contained in the November Police Department report from Police Chief Tracy Frazzano. 19. Citizens' Comments None. 20. Adjournment There being no further business before the Council, the meeting adjourned at 8:27 P.M. ___________________________ Erik Brechnitz, Council Chair ATTEST: ____________________________________ Laura Litzan, City Clerk PREPARED BY: ___________________________ Jim Kornas, Recording Specialist City of Marco Island Florida Page 7